[2021] KEHC 9575 (KLR)
The court found that the prosecution, having called ten witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did...
Source-derived case information.
- Citation
- [2021] KEHC 9575 (KLR)
- Parties
- Defendant: Ashford Mwiti M’Arimi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 71 of 2018
- Procedural Posture
- Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
- Outcome
- Accused put on his defence.
- Judges
- TW Cherere
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ashford Mwiti M’Arimi
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Ruling on Prima Facie Case at Close of Prosecution
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant him being put on his defence.
Ratio Decidendi
The court found that the prosecution, having called ten witnesses, had established a prima facie case against the accused for the offence of murder. The evidence presented was sufficient to require the accused to be put on his defence in accordance with Section 306(2) of the Criminal Procedure Code. The court did not make a determination of guilt at this stage but held that the threshold for a prima facie case had been met, and the accused must now respond to the evidence presented.
Court Disposition
Accused put on his defence.
Orders
- The accused is hereby put on his defence in accordance with Section 306(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU (CORAM: CHERERE-J) _
CRIMINAL CASE NO. 71 OF 2018
BETWEEN
REPUBLIC.....................................................PROSECUTOR
AND
ASHFORD MWITI M’ARIMI..............................ACCUSED
RULING
1. ASHFORD MWITI M’ARIMI(Accused) is charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the charge are that
On 01stOctober, 2017 at Kiathati Location Igoji Imenti South Sub-County within Meru County, unlawfully murdered FELIX GIKUNDI MBOI
2. I have considered the evidence tendered by the ten (10) prosecution witnesses and I am persuaded that a primafcie case hasbeen established that warrants this court upon the Accused to defend himself.
DATED THIS 28th DAY OF January2021
T. W. CHERERE
JUDGE
Court Assistant - Kinoti
Accused - Present
For the Accused - Ms. Ntarangwi Advocate
For the State - Ms. Mbithe